hello, everyone >> it's 5:00 in new york city and this is "the five." >> the obama carolout continues to disappoint at every turn. something we spoke about yesterday. >> there's nothing to say about obama care except the moment the site debuted to the point the american people day by day started learning how obama care was changing their lives and cancelling their coverage and changing it, it has just been a disaster. i have never seen a story quite like this. >> how bad has it gotten?

former press secretary robert gibbs was asked about the misleading statement you can keep your insurance if you want to. call a spade a spade he said. >> i don't recall significant discussions around some of the verbiage around this to be 100 percent honest with you. >> do you believe it was a wrong move? >> certainly. >> ron barn yea call it had a singing indictment of the obama practices that led to it. he said incompetence and deception doomed the launch of the affordable care act as long as the president sticks with the team that failed the country and lied it is fair to assume he hasn't learned the most basic lessons from the launch. this week end fraught page story of the wall street journal on saturday and "washington post" on sunday it became quite clear, they didn't even try to de p fend it, politics instructs policy in the lead out and roll up. >> politics trump.

i spent the whole weekend wall street journal "washington post" i read a lot of stuff. forbes. >> i was consuming everything i could possibly consume. two things became clear. this is obama's statement. he wanted the web site up and running. it was going to be his shining moment his shining accomplishment. that was it politics over rule practicality because it wasn't ready. as recent adds mid 2011 tgi the canadian firm the american subsidiary canadian group was hired to get it up and running. this is really important. i came across this. i call this a smoking gun. this was in the "washington post" blog about 4 or 5 in. it's a letter an e-mail from tgi to cms, which was charged with

bringing it up and running. it was the group within obama care. bear with me one second. they told them that this is august 17th, six weeks before the launch, six weeks after three years of this, there were only 55 percent ready to go. they weren't even close for that thing to start. >> 55 percent right here. they didn't redakt. cgi federal -- >> they knew. but they didn't tell the president? >> according to a lot of things you are reading president obama knew, staff knew. it was so important for them to get that thing running they leaned on cgi to get it ready and it wasn't ready. >> obama said nobody is more mad than me? who would he be mad at? i am himself. >> look at this.

>> are those people going to be able to keep their coverage as the president promised? >> the law does not say sears drop coverage. sears decides what is good for sears. they don't say you drop coverage. the edginsurance agency decide they are going to make money. when they drop coverage you blame president obama. he is not responsible for that. >> you were watching that. >> that was the best interview anybody has ever done with ezekiel emanuel. he has a smug look of someone who ruined a public bathroom. his own path of destruction seemingly unaffected his life. he's a bureaucratic version of hurricane katrina. obama care is a natural disaster an oil spill dust of human beings getting soaked there's no way to get them clean. >> stohe destroyed a bathroom. >> he destroyed a bathroom he

doesn't have to clean. none of those experts are using obama care. in effect it is their public bathroom. you can use it. >> somebody elts has to clean it up. >> the obama administration and the white house did lie to the american people? >> i would spend every waking hour absorbing everything i could about it. listen, we think that they lied? did they mislead? my asufrmsumption is you look a this stuff somebody certainly did no question about that. back to the point ezekiel did not quite get it outright. if you had a policy you demanded you keep it but the insurance companies you would have had it. >> but that is what the white house has tried over the last several days to try to say, don't blame us. all we are trying to do is provide insurance for everybody. blame the insurance companies they are the ones who changed the policy. but they changed it because they were asked to and required to

under the law. >> they weren't required to. >> this was part of the dana perino psychic news. you said this is what they would say. it's always someone else's fault the facts match something completely different. when you see the redacted copies and reports that come out you knew ahead of time when you say you can keep your insurance these rates are going to be lower those aren't the facts they knew them ahead of time. >> just so we are clear on this they were not required to change these policies. they were grandfathered in. >> it is disingenuous to use that line. chris wallace pressed ezekiel emanuel. no one said that. no one said if a co-pay goes up by 5 bucks the next three years you would no longer fall into the grandfather.

isn't it a terrible job of communicating otherwise known as lying? >> the fact of the matter is if i had an insurance policy and i said to the insurance company do not change this i could have kept that. >> i don't buy that. that's far too innocent when you look at the facts and evidence they have. they aren't innocent. they don't care. i am telling you if you want to blame the insurance companies why don't you actually look at this guy, his administration, this was his baby his legacy he made promises he in fact knew were false to the american people and we deserve and expect better. >> they are not going to blame obama, because this is as close as you get as an actual organized religion in which president obama is god and his apologists are doing nothing but speaking in tongues. this is all they do. you go after doctors who are getting hammered, i you go afte

insurance companies that have slim profit margins. a lot of people demonize insurance companies because you live on the coast. you don't see these people work all over the country and they help people. i love my insurance agent the person who helped me with my house and my car. they are not awful people. but obama continues to throw so many people under the bus there are more people under the bus than in it and obama care doesn't cover people who are hit by the buses. >> they were on the run yesterday. david axle rod appeared with david gregory on "meet the press". >> you were in the white house you were advising the president on the kinds of things he should say why didn't you or someone else say to him, mr. president, don't say no matter what you are going to keep your healthcare? was that bad practice? >> hindsight is 2020. >> that's why you are there. >> there is a small group of people, the vast majority of americans that statement will

hold true for this small group of americans it hasn't. >> eric, without this small group of americans it is just 5 percent of people. but those are the paying customers the insured, the responsible people and now they are at risk of being uninsured. >> david axle rod is going to have to come back and eat those words. hopefully david gregory holds him to that. we are hearing more and more, we are talking more and more about 15 million people on the individual mandate who may lose their coverage. there are numbers coming out now 50, 60 even higher 70 million. >> bob. i am not making this stuff up. this is coming out from people who are paid to look into this 50 or 60 million people or 70 thrown off their employer coverage because it's too expensive. >> one thing we should keep in mind here we keep talking about you can keep your doctor. your doctor doesn't have to keep you. the doctors if they don't like the insurance plan --

>> we are not talking about that. change of subject. >> i know. >> too darned expensive to keep people on obama care we will take the penalty instead. >> now you are blaming the doctors. >> that was part of the controversy today that continued this morning. the white house the communication folks have already put a spot on the wall. they continue to rub it. they make it worse. >> a spot on the wall? >> if you rub a spot on the wall you make it worse. >> i have never done that before. >> think progress if you are not signed up on all of the liberal blogs you don't get it. if you are on the left side it goes around like wildfire. dan five of the white house communications office tweeted the real reason the cancer patient lost hwriter lost her insurance. her point was the insurance that she had was perfect for her. stage 4 cancer, it covered

different doctors at different hospitals that's how she has been able to stay alive. my point is it's never a good idea to start attacking the victim even if they think -- they are actually attacking the insurance company it looks like they were being insensitive to the cancer patient. >> a strong patient offense is a good defense. problems going after her instead of obama. this whole story out in 2010 why was this entire story by fnc and conservative blog? media bias provide a blinder that ob cures the belief. it's the morphine that deadens the pain of your own mistakes. there's no way the media could see this. >> did you see in 2010 -- anybody in this country? you couldn't keep your --

>> bob, where have you been? that's the reason the republicans wanted -- >> can i throw it othis out her. the reason why president obama delayed the employer mandate is because they knew it was going to be 60 or 70 million people thrown off and they didn't want it in an election year. >> that's not even a conspiracy. >> that makes perfect political sense. it's like taking a pan to the case. >> bob, even you would appreciate this. some of the ads that i saw today targeting red state democrats saying, why was it that senator prior in arkansas defended and repeated the obama care lie? that is very effective tagging and will help the republicans with their point. >> it is a very strong statement to say the president of the united states is a liar. i hope you all can feel comfortable saying that.

>> also the media. what they will do to keep their guy in. their cat is in the white house. >> you wish he would have bought a dog. >> dogs are much nicer. >> president obama simply misspoke on obama care. greg is going to get the new york times straight on that. t tom is electi tomorrow is elec day. i have a case of the mondays. chris christie is expected to win big. we learn something from the garden state. we will debate it ahead at the five.

obamacare >> so in the stuck up olympics they get a gold for president obama saying he misspoke.

try to use that in a marriage. when i said i wouldn't specheat was just talking about you. misspeaking is when you say elephant instead of elevator. at least the times admits obamacare will not bend to individual needs. ma tornity care for those who will not have children is a store point. it's a store point you sexist pigs. what if women to had to pay for viagra. this idiocy is one price you pay for universal coverage we are human speed bumps on the road to utopia. observe care is the hammer in th -- obamacare is the hammer in this hammer and sickle. who cares if the president lies, any student of history knows where that leads and it's bad. cuba bad, north korea bad, germany bad. i just realized progressives our bad is their good.

success is measured government's grip on freedom. finally you know what the times picked as their cover story this sunday, broccoli. that is a big health scoop. which leads me to act is obamacare coverage getting your head out of your ass? >> does obamacare cover viagra? >> the i don't know. the biggest story is obamacare and they put broccoli on the cover. >> it's the worst vegetable. >> no it's the best. >> it may be good for you but it's the worst. it's awful. whoever likes broccoli is out of their mind. it tastes like turf from a football stadium. horrible. >> is that worse than cbs reporting six people signed up for obamacare the first day? >> it is so crazy. they don't care.

they have a lose relationship with the truth. they like it like that. they are like we are keeping it. if he with say it it's true. they don't care what the reality of the facts are that's what's so disturbing about this. why aren't people more upset about this. >> you know we had single pay -- >> the expectations are so low now with everybody beating up so badly i will guarantee you by this time in the spring it will not be as negative as people say it is not that many people will be affected boo i it and these stories will run out. >> it's so bad. >> bob, that's like saying in a year after hurricane sandy we won't be talking about hurricane sandy as much. >> not that many people will be affected by it, what do you mean by that? >> when you say 60 million, i don't buy it. i think it will be a much

smaller number of people who will quote lose their policies and the people who do get new policies will get better policies. >> who is going to pay for it all? >> probably you, me. >> if it were up to me it would be paid for by all of us together collectively as a family. >> i think the fact that the new york times editorial which is infuriating every day of the week but in particular sunday. that became a story in itself. people talking about it all day long. the public editor of the new york times having to actually ask for an explanation from rosenthal. the media seems to not be willing to accept this lie. when the white house blamed the video for benghazi, we were like the broken record. this one not so much. >> i suppose if we had called him out first with the media

they would have to call them out first to make sure it is okay. what does president obama have to do to be accurately criticized the new york times? does he have to kidnap a bus load of orphans? >> why the children? >> there suspect anything. et he's the guy who put out the noble peace prize winner. they don't care. reality doesn't match what they are reporting. they don't care. they are not going to criticize the guy. you are missing the point. he's not the king of peace in reality but no one cares what the truth is. they disregard it. in its entirety whether it is benghazi, obamacare. solyndra. >> they didn't tell them about the grandfather clause that's what he was using. >> that's a good one. >> i do want to say obamacare is the one thing i hathat has beene to unite the left and the right. there is bipartisan.

>> it will be delayed. >> you know what has a grandfather clause? a really old cat. grandfather clause is something -- >> i got to say this great picture. in tennessee, did you see brian kelsey. did you see senator and kathleen sebelius web site for dummies. they are face is priceless. >> you know what that picture represents? someone who is so clueless. if it was you or me or any one in this table i would look at them and go i am not taking it. she takes it and pictures holding web site for dummies. you are kidding me. they really need to get rid of her, clean house, get rid of cgi. i have been reading up on cgi, wow, are they lost.

they are completely -- good luck. no chance. >> i had a dream about sebelius. she was here in a floral pant suit and i thought she was the queen of england. >> on that note. >> coming up, race ons this election day including here in new york city with the mayoral candidate. >> disaster. >> 40 percent over the republicans. the republican is that guy on the right, joe. >> lhota. >> that's the problem. >> the problem is obama doing campaigning with him? you are surprised? don't forget to check out the web site at foxnews.com. >> you did worse than me.

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because during the holidays, keeping your identity protected means keeping your family protected. welme >> fist dtuesday in november fo elections. it will give you insight as to where the con he true is headed. chris kris tree trying to prove he has the big chops for 2016. a land slide rin for the republicans in a very blue state. should they look at chris christie who is under fire from the right? >> yes, they are going to take a look at him. new jersey, it is pretty remarkable. when you saw him get elected in 2010 which was a big republican way burg tduring the mid terms.

everyone thought it was a fluke. he is set to win by possibly up to 40 points. it's a remarkable reelection effort in new jersey. does that translate in arizona, south carolina, alabama? i don't know. >> i don't think it translates state to state like that. i think this is kind of a sun neek swigs with christie. it will be interesting to see given the due mull to us nature. >> you can't live in a blue state. you can't separate out new jersey without talking about virginia. republicans have over 50 percent of the votes. >> for christie's future, political purity is great for your beiego but not great for elections. i like christie up against hillary she has the warmth of a tin toilet see. the more people that see christie will like him and the more people who like hilary will dislike him. >> it is getting weirder and

weirder. a 40 point lead over joe lhoda. they old lead for mayor. >> this is amazing. only in new york can a guy that hung out with honeymoon in cuba do this well. de bl they have a massive drop in murders. this guy does not like new york tv. electing de blasio is like after getting cured of lung cancer taking up smoking. this is a bad day for new york city. >> can i hold up the post cover. he has been known to hang with sandnesias go to hon me noon in cuba. >> i don't want to rit size -- criticize any one's honeymoon or

honeymoons. the politics, new york you are about to get a reckoning. >> if he wins can i make a plea if we could have the park rules extended to 10:00 a.m. you would be top. >> he is going to win anyway. >> run for mayor 10 million i could have gotten 45 percent of this race. >> like mondale. >> where were you, ray? >> that would have been it. >> heightened considerably in the final hours before voting begins. democrat mccall lus leads by a slim margin. is the obama care debacle the reason this race is tight? >> no, it's not. this is a classic example where the tea party is killing the republican party. instead of having a pull out primary where the governor would have bonn and beaten mcaullife a good friend of mine. can't believer he is going to be

governorment the tea nominated this right wing guy who doesn't staund a chance -- stand a chan not close. >> he does stand a chance down 6 points. the problem really is he has 10 points he is taking. the option with the republicans is they can't get all of these people together if they are not locked like the left. >> it will be bigger than that. >> they say women are going to make a difference in virginia. since you gave women the vote it will happen in all of the states. northern virginia has changed a lot demographically. the federal government shut down pissed them off. can i say that? observe ca obamacare raised everybody. it may be a tighter race. >> you have a republican candidate for governor that has been so bad with women. the hispanic population will vote for mccauliffe.

accusations or confirmed there were money laundering going on? oo that's the problem. they have observe care and it will be even six percentage points this is a good opportunity for cuccinelli. it is not a wash. it's not like new york. it>> he is a tea party candidate. >> maybe. maybe not. >> can we throw this out here everyone say the reason why president obama and democrats and clinton go to new jersey for barbara bono say it was a sure loss they don't want to waste their time. they are certainly spending time with terri mccullife's

relationship with the clintons were. he is the best bser you will ever meet in your life. he is extremely loyal to the clintons. >> dana, you said pissed off and bs. >> i have had a really bad monday. >> you are starting to make me upset being at the table with you. you are turning into a salty sailor. >> can i be grounded? i will go to my room. >> where is your mom? get that soup out. >> supreme court will hear an important case on public prayer. kimberly will explain the legal battle. before we go check out our facebook page at facebook.com/the five at nc. ha

wednesday the supreme court will rule on public prayer in legal forms. two residents one jewish the other atheist sued for opening prayer had christian references to jesus, the holy spirit and god the father violated their first amendment rights. in a sur prides show of solidarity the obama administration joined conservative lawmakers to allow politicians to say prayers during government meetings. this is legally fascinating. >> i think the administration has been fairly consistent on questions of prayer and remember they wanted to take under god

out of the pledge in the administration was strong on that. it is inconsistent with the clash between religious conscious and contraception. when it comes to sex, if sex is involved the administration says there's no this is where they want to eye certificate the first amendment right. but when it has to do with town hall meetings it is not a political fight they want to take when it comes to reproductive rights they get involved. >> what do you make of this there is solidarity that will support religion. >> we will go back to the law. the lemon test. oo 1971. >> if it meets it then you are allowed to do it. they have a secular purpose. but advancing religion, check. must not result in excessive entanglement between government and religion. if they want to openhe

government and religion. it meets all the criteria, they should be able to do it. >> there's a weird legal dichotomy in allowing it prior to a meeting but not during it. that's interesting how they're going to reconcile it. >> i'm sorry, does not entanglement, the third of the three? >> yes and no. if you're saying it's secular in purpose, how is it not secular in purpose during versus before? it's a little bit where they're drawing a line legally. fine, that's their job t >> the first amendment they lfal back on for their argument the people who wrote the first amendment were in the first congress who opened their op congress with a prayer.he i think frankly it's a little bit of a reach. this has been going on since tht beginning of the republicans i suspect it will be forever. >> greg? >> i am of the -- i am always polite when people are praying when you go over to somebody's house and you are not into that

sort of thing but you don't say i am not going to pray. you just do it.'re it's not like you are giving ind you are just getting along. i wish i had all of free time to do all of these lawsuits. >> that's what they should do h with prayer in school. t i am for prayer in school because you don't have to participate. you take a minute of silent prayer you can pray or you can a look at the girl in front of yu you, you can do whatever you want. you should be able to t have a r minute set aside to say a prayer if you want to. >> you can say a prayer before the show. >> it might help.begi it might help. >> pray for good ratings. >> i am kidding. >> you are an awful person. >> i think the good news is, both sides of the aisle both sides of the pews seem to be okay with it. does any one really have a problem with it? i am sure the freedom from ok religion group is going to go -- >> i like both sides. i can't believe they took that

out. >> look, in defense of people who might find it to be a problem, if people don't want this in there and they believe it's offensive to atheism maybe that's part of god's plan. when you see injustice and tragedy as god's plan why don't you see this as god's plan? >> theologian on the five. >> why not? why am i relaxing? >> i don't know. >> atheist twitter backlash coming your way. new developments in the miami dolphins. a teammate of martin has been ew suspended for alleged ry. misconduct. their explosive new reports of threat and racism. bob has all of the details up p next. stay with us. racism. bob has all the details. that's next. stay with us. keeping up with these two is more than a full time job and i don't have time for unreliable companies. angie's list definitely saves me time and money.

for over 18 years we've helped people take care of the things that matter most. join today.

>> now an update on the story we covered on friday. they suspended ritchie incognito for misconduct disorderly to the king.

martin left the team after teammates pulled a cafeteria prank leading martin to smash his tray and take off. racially charged messages may have been part of the problem. it is amazing how the dolphin's organization changed their tune here. at first it was no big deal now all of a sudden it is a big deal. why? >> jonathan martin's parents are both lawyers. number one i am sure there's a lawsuit on its way. it was more than the team ganging up on martin he got up and moved. the point is he has been harassed for a year and a half for 24 games which encompasses almost two seasons he has been harassed. some of these voice messages the e-mails they have of incognito, they are disgusting. they are awful. god awful and gross. i come from locker rooms, it's a tough place in the locker room. you got to man up, but at some point these are professionals.

they are paid millions of dollars. kids look up to you. when it comes up kids are going to look at the miami dolphins and say i am not sure i like them. >> martin didn't stand up for himself and punch somebody in the nose. you have been running this story all weekend. >> initially when we talked about this on fryer rick and i were the ones who said this is terrible. the management initially comes out says it's not a big deal. i don't understand how they could possibly have to backtrack on that. it could not be worse timing by the miami dolphins not in terms of sports. i don't care about that. they are trying to build a new stadium they have a huge public battle they need everybody pulling for them and this is the way to lose that stadium bid. >> when you were in the locker room did you find that kind of harassment? >> just until a week ago when they found me. i was asked to leave. >> the other element is, richer

players are veterans. i don't thinker rook-- younger rookies pay for the meals. that's not bullying that's obamacare. >> not in locker rooms. >> what do you think about this from a legal standpoint? >> legally, emotionally, psychologically i think the bullying should never be tolerated. i get it's the nfl yi get it is sports. it sets a bad example. this is happening to him i think it's important to let the management know. contemporaneously with the event so it can be documented. it may not be a popular thing to say. >> if incognito -- >> i don't think racism is okay. >> he left messages on the machine which apparently said -- martin is mixed race. he made some racial comments, at least it is alleged. is there a race hate crime brewing here? >> they have to get transcripts.

>> if there was -- >> if the parents and family are motivated enough they could try to bring some case. i don't think they are going to be able to succeed. i don't think it will be good for his nfl career. >> the locker room that's what it is before the game after the game. there are practical jokes and frank going on th-- pranks goin on all that kind of stuff. this is excessive. it went on and on. >> it's different. >> i will never forget one of my first days in training i was getting destroyed bullied like this and made fun of. one day i was like i am not going to take this any more. the i went after a guy. i punched him cost me 5,000 dollars. 5 grand for punching a guy. but i tell you what, it stopped. >> best 5,000 dollars you ever spent. >> when i was a fresh than me put icy hot in my jock strap. >> you actually loved it, bob. >> that explains a lot. it really does.

>> i have one point of pr advice. the white house should not get involved in this. whatever it is do not get involved. >> stand down. >> up until recently it has been a very straight forward nice woman who doesn't swear a lot.

i just learned something that maybe i didn't need to know. i'll keep it to myself. >> learned something i didn't need to know. i will keep it to myself. kimberly knows, too. >> it wasn't dana. it's like grade school. this is the video elvis video and it is viral video called

"the fox." it is terry washington which i love. take a look. ♪ ♪ what does a girl say ♪ what does the girl say >> i love this. i think some women are way too jealous. too worried about keeping their man. >> one of the great days in american history barack obama was elected president of the united states. his victory speech. >> this is our moment to acclaim the american dream and reaffirm that fundamental truth that out of many we are one. while we breathe we hope and where we are met with cynicism and doubt and those who tell us

that we can't, we will respond with that timeless thumbs up the spirit of the people, yes, we can. >> yes, we can mr. president. >> you are next. >> take a look. >> somebody must be doing something exactly right. >> who would be complaining? somebody whose privacy was violated. you can't have your privacy violated if you don't have your privacy violated. >> representative rogers. did you say you can't have your privy violated if you didn't know your privacy was violated. >> he may have misspoke. >> this is a new segment i like to call, i hate these people. all right. this is from the new york times. anonymous person wrote this letter to the new york times. i am going to read it. i have done a lot of things to the outside of my home to make a

burglar look elsewhere to a likely target. rile lies this means i am hoping my efforts will hope he will choose another house in the neighborhood instead of mine. i am beginning to wonder if this is ethical. oh my god you make me sick. i hate pethese people. >> i learned this weekend someone i really admired passed away. he worked at the 21 club a new york fixture. lorenzo robinson. he was a reverend and he worked in the men's room. he met ronald reagan. ronald reagan wore them every day for the rest of his life. thanks for watching. see you tomorrow. >> it is november 5th. fox news alert this morning. gra brand new details emerging about the manhunt for an armed gunman who opened fire inside of one of the country's busiest malls.

they announced the suspect is dead inside that mall. >> allegations of bullying in the nfl for the first time we are getting a look at the hateful texts and tweets that forced miami dolphin jonathan martin to leave the team. >> a man comes face to face with an armed robber. instead of backing down he takes on the gunman. his bare hands his only weapon. "fox & friends first" starts right now. >> new details breaking moments ago the man who opened fire in the new jersey mall is dead. police say he killed himself. he was found in a construction area hours after firing a gun inside the garden state plaza. his name richard schoup a 20-year-old restaurant worker

from new jersey. >> he has a history of drug abuse. the main motive for what he did tonight was suicide. >> cell phone video posted on youtube of the moment before the mall went on lock down. officers walked past businesses telling mall workers to get out. >> (inaudible). >> police say that no one was hurt. everyone locked inside the mall is now out. investigation now underway into what exactly led shoop to open fire inside the mall. one of the victims from the deadly tsa rampage at lax airport that killed a tsa agent and wounded three people is speaking out about that tragedy. tony grigsby is a tsa officer who was shot in the foot. >> i am just a